TERMS OF USE
Thank you for visiting our site which is owned and operated by Boogie and
Bean LLC. (collectively, “We”, “Us”, or “Our”). Please read these terms
of use (“Terms of Use”) carefully before using the services. THESE TERMS OF USE
SET FORTH THE LEGALLY BINDING TERMS OF USE FOR YOUR USE OF THIS SITE AND ANY
RELATED SERVICES, FEATURES, CONTENT, APPS, WIDGETS OFFERED (THE “SITE”) OR ANY
PURCHASES YOU MAKE.
These Terms of Use apply to all users of the Site, including, without
limitation, users who are contributors of content, information and other
materials or services on the Site. If you do not agree with the Terms of Use,
then you do not have the right to access, view, download or otherwise use the
Site or purchase any cosmetics and, accordingly, you should not do so.
We may at our sole discretion change, add, or delete portions of these
Terms of Use at any time on a going-forward basis. It is your responsibility to
check these Terms of Use for changes prior to use of the Site, and your
continued use of the Site following the posting of changes to these Terms of
Use constitutes your acceptance of any changes.
Privacy
We have developed a Privacy Policy in order to inform you of our
practices with respect to the collection, use, disclosure and protection of
personal information. You can find the Privacy Policy, which is incorporated
into these Terms of Use, on our home page and by using this Site you agree to
the terms of the Privacy Policy.
General Terms of Use
Unless otherwise noted, the products and services on the Site are
intended for personal, non-commercial purposes only. You agree to use the Site
only for lawful, noncommercial purposes and in compliance with all
international, federal, state and local laws. Except as expressly permitted in
these Terms of Use, you may not use, reproduce, distribute, reverse engineer,
modify, copy, publish, display, transmit, adapt, frame, link, rent, lease,
loan, sell, license or in any way exploit the content of the Site.
Eligibility
You represent and warrant that you (a) are above the legal age of
majority in your jurisdiction of residence, (b) have not previously been
suspended or removed from the Site, (c) do not have more than one (1) account
at any given time for the Site; (d) you will only provide us with true,
accurate, current and complete information if you register for an account
and/or Orders (defined below). If we believe or suspect that your information
is not true, accurate, current or complete, or suspect fraudulent use of the
site via any automated tools or otherwise, we may deny or terminate your access
to the Site or Services (or any portion thereof) and (e) that you have full
power and authority to enter into the Terms of Use and in doing so will not
violate any other agreement to which you are a party.
Your Account
When you create an Account, you are required to provide your name and
email address and select a password (collectively, your “Account Information”),
which you must not transfer to or share with any third parties. If someone
accesses our Site or Services using your Account Information, we will rely on
that Account Information and will assume that it is really you or your
representative who is accessing the Site and Services. You are solely
responsible for any and all use of your Account Information and all Orders and
activities that occur under or in connection with the Account. Without limiting
any rights which we may otherwise have, we reserve the right to take any and
all action, as it deems necessary or reasonable, to ensure the security of the
Site and your Account, including without limitation, terminating your Account,
changing your password, or requesting additional information to authorize
transactions on your Account. You agree to be responsible for any act or
omission of any users that access the Site or Services under your Account
Information that, if undertaken by you, would be deemed a violation of these
Terms of Use. You may not use anyone else’s Account at any time, without the
permission of the Account holder. Please notify us immediately if you become
aware that your Account Information is being used without authorization. You
agree not to register for more than one Account, register for an Account on
behalf of an individual other than yourself without such individual’s
authorization, or register for an Account on behalf of any group or entity.
User Content
We welcome user comments, information and submissions. In addition, you
and other users of the Site from time to time may have an opportunity to post
on the Site certain ideas, concepts, information, data, text, music, sound,
photographs, graphics, video, messages, comments on our products, advertising
and other promotional materials or events, facts, advice, “tips”, opinions and
other material (collectively, “User Content”). Subject to our Privacy
Policy, all User Content that you post on this Site will be treated as
non-confidential and non-proprietary to you and may be viewed by you and/or
other users of this Site. You also agree that we, our affiliates and our
licensees are free to use any ideas, concepts, know-how or techniques contained
in any User Content you send to us for any purpose whatsoever, including, but
not limited to, developing, manufacturing and marketing products, services and
content using such information, without any credit, notice, approval or
compensation to you.
We cannot guarantee that other users will not copy, modify, distribute or
otherwise use the User Content that you share. Therefore, if you have an idea
or information that you would like to keep confidential and/or do not want
others to use, do not post it on the Site. We and our affiliates are not
responsible for any user’s misuse or misappropriation of any User Content you
post on the Site.
Review of Submissions
We have no obligation to verify the identity of any users when they are
connected to the Site or to supervise the User Content that has been provided
by users. You acknowledge that we may or may not prescreen, monitor, review,
edit or delete the User Content posted by you and other users on the Site. We
and our designees retain the right to modify, move, refuse, block or remove any
User Content, in whole or in part, for any reason or no reason, with or without
notice. We and our designees also reserve the right to access, read, preserve,
and disclose any information as we reasonably believes is necessary to (i)
satisfy any applicable law, regulation, legal process or governmental request,
(ii) enforce these Terms of Use, including investigation of potential
violations hereof, (iii) detect, prevent, or otherwise address fraud, security
or technical issues, (iv) respond to user support requests, or (v) protect our
rights, property or safety, users of the Site and the public.
User Conduct
By posting User Content in or otherwise using any communications service
or other interactive service that may be available to you on or through the
Site from time to time, you agree that you are the sole responsible person
and/or entity from which such User Content originated. Moreover, you agree not
to access or use the Site for any purpose that is prohibited by these Terms of
Use. You are responsible for all of your activity in connection with the Site.
By way of example, and not as a limitation, you agree not to (and shall
not permit any third party to) use the Site to: (a) upload, post, e-mail, or
otherwise transmit any User Content that is inaccurate, unlawful, harmful,
threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar,
obscene, offensive, profane, libelous, deceptive, fraudulent, invasive of
another’s privacy, hateful, or contains or depicts nudity or explicit or
graphic descriptions or accounts of sexual or violent acts (including, but not
limited to, sexual language of a violent or threatening nature directed at
another individual or group of individuals), or is otherwise inappropriate as
determined by us in our sole discretion; (b) harm any person in any way; (c)
upload, post, e-mail, or otherwise transmit any User Content that (i)
victimizes, harasses, degrades, or intimidates an individual or group of
individuals on the basis of any impermissible classification, including,
without limitation, religion, gender, sexual orientation, race, color, creed,
ethnicity, national origin, citizenship, age, marital status, veteran status or
disability; (ii) infringes any patent, trademark, trade secret, copyright,
right of publicity or other intellectual or proprietary right of any party; and
(iii) you do not have a right to transmit under any law or under any
contractual or fiduciary relationship (such as insider information,
intellectual, proprietary or confidential information learned or disclosed as
part of employment relationships or under nondisclosure agreements); (d)
upload, post, e-mail, or otherwise transmit any material that contains software
viruses or any other computer code, files, worms, logic bombs or programs
designed or intended to interrupt, disable, damage, destroy, or limit the
functionality of the Site or any computer software or hardware or
telecommunications equipment or any other similarly destructive activity; (e)
obtain unauthorized access to any system, data, password or other information;
(f) interfere with or disrupt the Site or servers or networks linked to the
Site, or disobey any requirements, procedures, policies, or regulations of
networks linked to the Site; (g) intentionally or unintentionally violate any
applicable local, state, national, or international law, and any rules,
regulations, orders, directives and the like having the force of law; (h)
upload, post, e-mail, or otherwise transmit any material, or take any other
actions with respect to your use of the Site, that would constitute, or would
otherwise encourage, criminal conduct or conduct that could give rise to civil
liability; (i) for commercial purposes, including, without limitation,
submitting any material to solicit funds or to promote, advertise or solicit
the sale of any goods or services; (j) solicit others to join or become members
of any other commercial online service or other online or offline group or
organization; (k) impersonate any other person or entity, including by
providing any false personal information to us (including a false user name) or
creating any account for anyone other than yourself; (l) submit any person’s
identification documents or sensitive financial information; or (m) breaches
the Privacy Policy. Violation of any of the foregoing may result in immediate
termination of your license to access or use the Site and may subject you to
state and federal penalties and other legal consequences. We reserve the right,
but shall have no obligation, to investigate your use of the Site in order to
(1) determine whether a violation of the Terms of Use has occurred or (2)
comply with any applicable law, regulation, legal process or governmental
request.
No Endorsement
We do not control the User Content posted on the Site and, as such, we
make no representations or warranties regarding User Content or its truthfulness,
accuracy, reliability, integrity or quality. We do not determine whether User
Content violates the rights of others, and we have no control over whether User
Content is of a nature that you or other users may find offensive. User Content
includes the opinions, statements and other content of third parties, not us.
You acknowledge and agree that the information and views expressed by you and
other users in User Content appearing on the Site do not necessarily reflect
our views or those of our content providers, advertiser, sponsors, affiliated
or related entities, and we do not support or endorse any User Content or any
other content posted by you or any other user on or otherwise accessible
through the Site.
Our Right to Use User Content
You do not have to submit anything to us, but if you choose to submit any
User Content to the Site, it will be deemed non-proprietary and
non-confidential and may be used by us, our affiliates or others without
restriction. You represent and warrant that you own or otherwise control any
and all rights in and to the User Content that you submit and that our public
posting and use of that User Content will not infringe or violate the rights of
any third party in any manner, including without limitation any privacy rights,
publicity rights, copyrights, contract rights or any other intellectual
property or proprietary rights. By submitting, sending, posting, uploading,
modifying or otherwise providing information, material, or any other
communication to us including User Content, whether solicited or unsolicited,
you grant us and our designees the royalty-free, fully paid, unrestricted,
worldwide, perpetual, irrevocable, non-exclusive, and fully transferable,
assignable, sublicensable right and license to use, copy, reproduce, modify,
adapt, publish, translate, create derivative works from, improve, distribute,
commercialize, perform, or display such User Content (in whole or in part)
worldwide and/or to incorporate it in other works in any form, media, or technology
now known or later developed for any purpose, including, without limitation,
advertising and promotional purposes, reproduction, transmission, publication,
broadcast and posting without any further consent by you or notice, credit
and/or compensation to you or any third parties. You also hereby do and shall
grant each user of the Site a non-exclusive license to access your User Content
through the Site, and to use, edit, modify, reproduce, distribute, prepare
derivative works of, display and perform such User Content. We and our
designees also have the right, but not the obligation, to use your user name
(and real name, image, likeness or other identifying information, if provided
in connection with User Content), city and state in connection with broadcast,
print, online or other use or publication of your User Content. We and our
designees may use or otherwise transfer, remove or dispose of any and all User
Content without restriction and users of the Site shall not be entitled to any
compensation whatsoever for any such use, transfer or disposition of User
Content by us. Notwithstanding the foregoing, personally identifiable data, if
any, included in User Content shall be handled in accordance with our Privacy
Policy.
Transmitting Materials
You understand that the technical processing and transmission of the Site
may involve (a) transmissions over various networks and (b) changes to conform
and adapt to technical requirements of connecting networks or devices. We
assume no responsibility for the deletion or failure to store postings or other
information submitted by you or other users of the Site.
You agree that you will not harvest, collect or store information about
the users of the Site or the User Content or use such information for any
purpose inconsistent with the purpose of the Site or for the purpose of
transmitting or facilitating transmission of unsolicited advertising, junk or
bulk electronic mail or communications. You may not: (i) take any action that
imposes or may impose (as determined by Us in our sole discretion) an
unreasonable or disproportionately large load on our infrastructure; (ii)
interfere or attempt to interfere with the proper working of the Site or any
activities conducted on the Site; (iii) bypass any measures we may use to
prevent or restrict access to the Site or portions thereof (or other accounts,
computer systems or networks connected to the Site); (iv) run any form of
auto-responder or “spam” on the Site; (v) use manual or automated software,
devices, or other processes to “crawl” or “spider” any page of the Site; or
(vi) harvest or scrape any content from the Site.
Product Availability
The availability of the products and services described on the Site, and
the descriptions of such products and services, may vary based on location and
timing.
Auto Refill
This site may offer you the opportunity to subscribe to auto-refill your
purchase. Your subscription will continue until you cancel it. A recurring
charge (in the amount of the product selected for auto replenishment) will be
automatically charged to your credit card each time the order ships. The
shipment schedule will follow the frequency you requested when you selected the
product. There is no minimum term of the subscription and no minimum purchase
obligation.
Orders, Prohibition on Reselling
While it is our practice to confirm orders by email, the receipt of an
email order confirmation does not constitute our acceptance of an order or our
confirmation of an offer to sell a product or service. We reserve the right,
without prior notice, to limit the order quantity on any product or service
and/or to refuse service to any customer. We also may require verification of
information prior to the acceptance and/or shipment of any order.
All orders shipped are made pursuant to a shipment contract. This means
that the risk of loss and title for such items pass to you upon our delivery to
the carrier.
You may not purchase any item from this site for resale by you or any
other person. The prices displayed on the site are quoted in U.S. dollars and
are intended to be valid and effective only in the United States. We have the
right to refuse or cancel orders placed, including but not limited to orders
where product(s) is listed at an incorrect price regardless of whether the
order has been confirmed or your credit card charged. If your credit card has
already been charged for the purchase and your order is canceled, we will issue
a credit to your credit card account.
Intellectual Property Rights
The Site, and all of its contents, including but not limited to articles,
other text, photographs, images, illustrations, graphics, video material, audio
material, including musical compositions and sound recordings, software, logos,
titles, characters, names, graphics and button icons, excluding User Content
(collectively “Proprietary Material”), are protected by copyright, trademark
and other laws of the United States, as well as international conventions and
the laws of other countries. The Proprietary Material is owned or controlled by
Boogie and Bean or by other parties that have provided rights thereto to Boogie
and Bean.
Except as otherwise provided in these Terms of Use or without our express
prior written permission, you may not, and agree that you will not, use,
publish, reproduce, display, publicly perform, create derivative works from,
reverse engineer or decompile, disassemble, distribute, license, transfer,
sell, copy, post, enter into a database, upload, transmit or modify the
Proprietary Material or any portion thereof, for any purpose or by any means,
method, or process now known or later developed. Modification of the materials
appearing on the Site or use of such materials for any other purpose is a
violation of our copyright and other proprietary rights.
Claims Regarding Copyright Infringement
Boogie and Bean respects the intellectual property rights of others. If
you are a copyright owner or an agent thereof and believe that any User Content
or other content on the Site infringes your copyright, you may submit a
notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by
providing our Copyright Agent with the following information in writing (see 17
U.S.C § 512(c)(3) for further detail):
- A physical or
electronic signature of the owner or a person authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed; - Identification
of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works are covered by a single notification, a representative
list of such works; - Identification
of the material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is to be
disabled and information reasonably sufficient to permit us to locate the
material; - Information
reasonably sufficient to permit us to contact you, such as your name,
address, telephone number, and, if available, your email address; - A statement by
you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law; and - A statement,
under penalty of perjury, that the information in the above notification
is accurate and that you are, or are authorized to act on behalf of, the
owner of an exclusive right that is allegedly infringed.
If you fail to comply with all of the requirements set forth above, your
DMCA notification may not be effective. Our designated Copyright Agent to
receive notifications of claimed infringement is:
Boogieandbean@gmail.com
After receiving an effective notification of claimed infringement, we
will process and investigate the claim and, if appropriate, will act
expeditiously to remove or disable access to material claimed to be infringing.
We also will take reasonable steps promptly to notify the uploading user that
the material has been removed or disabled at your request.
This notification process does not limit Boogie and Bean’s ability to exercise
any other rights or pursue any other remedies it may have to address claims of
infringement.
Account Termination:
It is our policy to terminate, in appropriate circumstances, the accounts
or access of users who repeatedly infringe copyrights.
Account Termination
We may, in appropriate circumstances, terminate your account for the Site
and any or all affiliate websites if you are a repeat infringer. If you believe
that a user is a repeat infringer, please follow the instructions above to
contact our Copyright Agent and provide information sufficient for us to verify
that the user is a repeat infringer.
Third Party Websites and Links
You may be able to link to third party Websites, services or resources on
the Internet from the Site, and third-party Websites, services or resources may
contain links to the Site (collectively, “Linked Sites”). We are not
responsible for the content, availability, advertising, products, services or
other materials of any such Linked Sites, or any additional links contained
therein, and our inclusion of links to the Linked Sites on the Sites does not
imply that we endorse or approve of any materials contained on, or accessible
through, the Linked Sites. In no event shall we be liable, directly or
indirectly, to you or any other person or entity for any loss or damage arising
from or occasioned by the creation or use of the Linked Sites or the
information or material accessed through these Linked Sites.
Third Party Merchants
The Site may enable you to order and receive products, information and
services from businesses that are not owned or operated by us. The purchase,
payment, warranty, guarantee, delivery, maintenance, and all other matters
concerning the merchandise, services or information, opinion or advice ordered
or received from such businesses are solely between you and such businesses. We
do not endorse, warrant, or guarantee such products, information, or services.
We will not be a party to or in any way responsible for monitoring any
transaction between you and third-party providers of such products, services,
or information, or for ensuring the confidentiality of your transactions.
We are a participant in the Amazon Services LLC Associates Program, an
affiliate advertising program designed to provide a means for us to earn fees
by linking to Amazon.com and affiliated sites.
Advertisements, Sponsorships, Co-Promotions and Other Partnerships
We may display advertisements for the goods and services of a third party
on the Site, including in connection with co-promotions, sponsorships and other
similar partnership arrangements. We do not endorse or represent and are not
responsible for the safety, quality, accuracy, reliability, integrity or
legality of any such advertised goods or services.
Contests
This Site may, from time to time, contain contests that offer prizes or
that require you to submit material or information about yourself. Each contest
has its own rules, which you must read and agree to before you may enter.
Events
You may be invited or asked to attend events we sponsor, or events held
by other members and users of the Site which are not in any way associated with
us (collectively, “Events”). Your participation in any Events is at your own
risk.
1-on-1 Video Consultation Services
This site may allow you to use a video consultation feature either with
automated tools, a live consultation with a beauty advisor, or both. By using
the service, you agree to allow to activate your camera to connect automated
tools, live consultation with a beauty advisor, or both. A video consultation
is a live experience and will not be recorded.
When participating in a live consultation with a beauty advisor, the
beauty advisor can answer your questions, recommend products, and, where
available, allow you to virtually try products during the live consultation.
You will be able to see the recommend products during the experience, and you
can shop and buy products after the video consultation has ended. To help us in
providing you with the best experience and advice, the beauty advisor is
informed about the page you were consulting when you connected to this service.
By using video consultation features, you agree to be bound by these
Terms of Use and comply with its provisions, including provisions related to
User Conduct.
Use of Software
We may make software available for you to download or use. Such software
will be subject to the terms of the license agreement that accompanies it. If
there is no license agreement presented to you with the software, then the
following license, in addition to the other terms of these Terms of Use govern
your use of such software. We grant you a personal, non-exclusive,
non-transferable, limited license to install the software on any single
computer. The software is protected by copyright and other intellectual
property laws and treaties and is owned by us or our suppliers. You may not:
(i) copy, sell, redistribute, rent, lease or otherwise transfer the software or
any of the limited rights you receive hereunder; (ii) incorporate it or any
portion of it into another product; (iii) reverse engineer, decipher,
decompile, or disassemble the software or otherwise attempt to derive the
source code or underlying ideas or algorithms of the software or any portion of
the software, including without limitation any application or widget (except
where expressly permitted by law); (iv) export, re-export, transfer and/or
release the software, related technology, or any product thereof, for any
proscribed end-use, or to any proscribed country, entity or person (wherever located),
without proper authorization from the U.S. and/or foreign government; (v)
modify, translate, adapt, or create derivative works from the software or any
portion of the software in any way or remove proprietary notices in the
software. You agree to abide by all laws and regulations in effect regarding
your use of the software. You may not authorize or assist any third party to do
any of the things prohibited in this paragraph.
We may automatically check your version of the software and update it to
improve its performance and capabilities. If you shut down the software during
an automatic update or otherwise interfere with the installation of the update,
the software may be damaged and/or cease to operate.
Termination
We may terminate or suspend your access to the Site, delete your profile
and any content or information that you have posted on the Site and/or prohibit
you from using or accessing the Site (or any portion, aspect or feature of the
Site) for any reason, or no reason, at any time in our sole discretion, with or
without notice to you, effective immediately, which may result in the
forfeiture and destruction of all information associated with you and your
activities in connection with the Site. If you wish to terminate your account,
you may do so by following the instructions on the Site. Any fees paid
hereunder are non-refundable. In the event of termination, you will still be
bound by your obligations under these Terms of Use.
Governing Law; General Information
We control and operate the Site from our offices in the State of Florida,
United States of America. While we invite visitors from all parts of the world
to visit the Site, visitors acknowledge that the Site, and all activities
available on and through the Site, are governed by the laws of the United
States of America and the laws of the State of Florida. We do not represent
that materials on the Site are appropriate or available for use in other
locations. Persons who choose to access the Site from other locations do so on
their own initiative and are responsible for compliance with local laws.
You agree that the laws of the State of Florida, excluding its conflict
of laws rules, and these Terms of Use, our Privacy Policy and any other
policies posted from time to time on the Site applicable to your use of the
Site shall govern your use of the Site. Please note that your use of the Site
may be subject to other local, state, national, and international laws. You
expressly agree that exclusive jurisdiction for any claim or dispute with us
(or any of our affiliates) or relating in any way to your use of the Site
resides in the courts of the County of Florida, State of Florida, and you
further agree and expressly consent to the exercise of personal jurisdiction in
the courts of the County of Florida, State of Florida, in connection with any
such dispute and including any claim involving us or our affiliates,
subsidiaries, employees, contractors, officers, directors, telecommunication
providers and content providers.
Arbitration
By using this Site, you agree that Boogie and Bean LLC or one of its
affiliates at its sole discretion, may require that: (1) any and all disputes
and causes of action related to or connected with these Terms, the Site, and
the related offerings shall be resolved individually, without resort to any
form of class action, and exclusively by final and binding arbitration under
the rules of the American Arbitration Association and held at the AAA regional
office nearest the participant; (2) the Federal Arbitration Act shall govern
the interpretation, enforcement and all proceedings at such arbitration; and
(3) judgment upon such arbitration award may be entered in any court having
jurisdiction. You understand and agree that you are waiving your right to sue
or go to court to assert or defend your rights under this contract.
A printed version of the Terms of Use and of any notice given in
electronic form shall be admissible in judicial or administrative proceedings
based upon or relating to the Terms of Use to the same extent and subject to
the same conditions as other business documents and records originally
generated and maintained in printed form.
These Terms of Use are the entire agreement between you and us with
respect to the Site and any User Content and supersede all prior or
contemporaneous communications and proposals (whether oral, written or
electronic) between you and us with respect to those matters. If any provision
of these Terms of Use is found to be illegal or unenforceable, the remainder of
the Terms of Use shall be unaffected and shall continue to be fully valid,
binding, and enforceable. The failure of either party to exercise in any
respect any right provided for herein shall not be deemed a waiver of any
further rights hereunder. No agency, partnership, joint venture, or employment
relationship is created as a result of these Terms of Use, and neither party
has any authority of any kind to bind the other in any respect.
Notices
Unless otherwise specified in these Terms of Use, all notices under these
Terms of Use will be in writing and will be deemed to have been duly given when
received, if personally delivered or sent by certified or registered mail,
return receipt requested; when receipt is electronically confirmed, if
transmitted by facsimile or email; or the day after it is sent, if sent for
next day delivery by recognized overnight delivery service.
Please feel free to contact us via one of the methods described on our
Contact Us page. You agree that we may send notices to you regarding your use
of the Site by means of electronic mail, a general notice posted on the Site or
by written communication delivered either by overnight courier or U.S. mail to
your email or mailing address as appearing in our records from time to time.
These Terms of Use were last updated November 2023.